Procedures in the Justice System

Why Rent from Knetbooks?

Because Knetbooks knows college students. Our rental program is designed to save you time and money. Whether you need a textbook for a semester, quarter or even a summer session, we have an option for you. Simply select a rental period, enter your information and your book will be on its way!

Providing readers with a thorough understanding of our justice system, this popular book explains the duties and responsibilities of the law enforcement agencies, courts, and correctional departments from the time of arrest through the sentencing of the criminal offender. Avoiding confusing legalese, it addresses why we have laws and why those laws are broken, the constitutional rights of an accused, and the underlying philosophy of correctional endeavors. The book gives readers a thorough understanding of our justice system and of the role each member must play to achieve, through teamwork, law and order for all. KEY TOPICS Chapter topics cover historical development of law and justice system; search and seizure; the arrest; initial appearance; pretrial proceedings; time and place of trial; the trial; confrontation and assistance of counsel; pretrial motions, hearings, and plea negotiations; the trial: roles of major participants; the jury; trial procedure; instructions and deliberation of the jury; the verdict and appeals; sentencing; collateral proceedings; and victims' rights. For individuals interested in our justice system, particularly those considering a career in the police force or office of corrections.

Preface

ix

Historical Development of Law and the Justice System

1

(37)

The Early Development of Laws

1

(3)

The Common Law

4

(1)

Modern Criminal Law

4

(1)

Classification of Crimes and Punishment

4

(1)

The Justice System

5

(1)

Court Structures

6

(15)

The State Court System

21

(4)

The Federal Court System

25

(1)

Venue

26

(2)

Jurisdiction

28

(1)

Capstone Cases

29

(9)

Search and Seizure

38

(15)

History and Purpose of the Fourth Amendment

38

(2)

Exclusionary Rule

40

(1)

Fruits of the Poisonous Tree Doctrine

41

(1)

Protected Areas and Interests

42

(1)

Expectations of Privacy Zone

42

(1)

Exceptions to the Fourth Amendment

43

(4)

Inspections and Regulatory Searches

47

(1)

Probable Cause

48

(1)

Search with a Warrant

49

(4)

The Arrest

53

(25)

Arrest of the Law Violator

53

(2)

Arrests and Warrants

55

(1)

Stop and Frisk and Other Detentions

56

(2)

Territorial Jurisdiction to Make an Arrest

58

(3)

Force in Effecting an Arrest

61

(4)

Miranda and Its Effect

65

(3)

Immunity from Arrest

68

(1)

Booking

69

(1)

Issuance of a Citation

70

(2)

The Summons

72

(1)

Capstone Case

72

(6)

The Initial Appearance

78

(23)

Purpose of the Initial Appearance

78

(4)

The Complaint

82

(1)

Bail

83

(6)

Bounty Hunters

89

(1)

Capstone Case

90

(11)

Pretrial Proceedings

101

(24)

Arraignment

101

(8)

The Grand Jury

109

(6)

The Preliminary Hearing

115

(3)

Grants of Immunity for Witnesses

118

(1)

The Medical Examiner

118

(3)

Capstone Case

121

(4)

Place and Time of the Trial

125

(15)

Pretrial Action

125

(1)

Place of the Trial

125

(2)

Time of the Trial

127

(7)

Capstone Case

134

(6)

The Trial

140

(22)

Bench Trial versus Jury Trial

147

(1)

Public Trial

147

(8)

Capstone Case

155

(7)

Confrontation and Assistance of Counsel

162

(24)

The Presence of the Defendant at a Trial

162

(5)

The Right to Counsel

167

(12)

Capstone Case

179

(7)

Pretrial Motions, Hearings, and Plea Negotiations

186

(21)

Pretrial Right of Discovery

186

(4)

The Motion to Suppress Evidence

190

(2)

The Motion to Dismiss Charges

192

(1)

The Motion for Continuance

192

(2)

The Motion for Severance of Offenses

194

(1)

The Motion for Severance

195

(1)

The Motion to Determine Competency

196

(1)

Pretrial Conference

197

(1)

Plea Negotiation

197

(5)

Capstone Case

202

(5)

The Trial: Roles of Major Participants

207

(21)

The Adversary System

207

(2)

The Judge

209

(4)

The Victim and the Perpetrator

213

(1)

The Prosecutor

213

(3)

The State Attorney General

216

(1)

The Defense Counsel

216

(2)

The Clerk of the Court

218

(1)

The Bailiff

219

(1)

The Court Reporter

219

(1)

The Court Commissioner

219

(1)

Capstone Case

219

(9)

The Jury

228

(26)

Introduction

228

(1)

A Jury of One's Peers

228

(3)

The Jury Panel or Jury List

231

(4)

Exemption from Jury Duty

235

(5)

Challenging the Jurors for Cause

240

(1)

Peremptory Challenge

240

(4)

Alternate Jurors

244

(1)

Sequestering the Jury

245

(1)

The Future of the Jury System

246

(1)

Capstone Case

246

(8)

Trial Procedure

254

(33)

Opening Statements

254

(1)

Reasonable Doubt

255

(2)

Witnesses

257

(2)

The Subpoena

259

(1)

Examination of Witnesses

260

(8)

Defense Presentation

268

(2)

Rebuttal by the Prosecution

270

(1)

Not Guilty by Reason of Insanity

271

(7)

Closing Arguments

278

(2)

Capstone Case

280

(7)

Instructions and Deliberation of the Jury

287

(11)

Instructions to the Jury

287

(2)

Deliberations

289

(9)

The Verdict and Appeals

298

(17)

The Verdict

298

(7)

Appeals

305

(3)

Appellate Court Citations

308

(2)

Capstone Case

310

(5)

Sentencing

315

(31)

History of Punishment

315

(5)

Types of Sentencing and Sentences

320

(8)

Death Penalty

328

(10)

Fines

338

(2)

Capstone Case

340

(6)

Collateral Proceedings

346

(8)

Extradition

346

(4)

Writs

350

(4)

Victims' Rights

354

(16)

The Historical Perspective

354

(4)

Restitution

358

(2)

Compensation

360

(3)

Victim Impact Statements

363

(7)

Appendix A Outline of Trial Procedure

370

(2)

Appendix B Psychological Report on the Issue of Insanity

372

(2)

Appendix C Motion for the Production and Inspection of Evidence and Information Which May Lead to Evidence

374

(2)

Appendix D The Judge's Instructions to the Jury in a Criminal Case

376

(5)

Subject Index

381

(8)

Case Index

389

This edition, like the three previous editions, is dedicated to our colleague, the late Gilbert B. Stuckey. The seventh edition ofProcedures in the Justice Systemcontinues the tradition of providing the reader with a thorough understanding of our justice system from the time of arrest through the sentencing of the criminal offender. Legal rules of procedure are presented in language that is easy to understand. The crime rate continues as one of society's major problems, not only in the United States but also throughout the world. It is the primary responsibility of those directly connected with the justice system, such as members of law enforcement agencies, the courts, and correctional officers, to fight crime. Yet to effectively curb crime, society needs the assistance of every law-abiding person. By studying history, we often see the mistakes of the past and thus can make efforts not to repeat those mistakes in the future. One past mistake was the failure to recognize that the members of the justice system are a team who must work together. Yet, to work as a team, it is necessary for each member to understand his or her own responsibility as well as that of each of the other members. In this seventh edition, the coverage of victims' rights and of the effects of gangs on the crime problem has been expanded. The discussions of constitutional and civil rights of an accused, of the laws of arrest, and of search and seizure have also been expanded. In addition, we have included selected court cases to provide the reader with experience in reading court decisions and to assist the reader in understanding the legal issues involved. Also included in the seventh edition are motions and reports taken from actual trial records and other supplemental material. These are submitted to provide the reader with a better idea of the practical issues involved in trying criminal cases. This book was written for those interested in our justice system, particularly for police and correctional science students. It explains the duties and responsibilities of the law enforcement agencies, courts, and correctional departments, in relation to law violators, from the time of accusation until completion of sentence. Criminal justice students should, however, study more than just judicial procedures. The student should have some knowledge of why we have laws and why those laws are broken, should be cognizant of the constitutional rights of an accused, and should have a better understanding of the philosophy of correctional endeavors. Thus, material on these subjects is incorporated into this text. The information in this text will help the student, as well as others, attain a more thorough knowledge of our justice system and of the role that each member must play to achieve, through teamwork, law and order for all. Special thanks goes out to the following reviewers for their hard work and assistance on this edition; Wojciech Cebulak, Minot State University, Minot, N.D.; Mark Stetler, Montgomery College, Spring, TX; Chris Delay, University of Louisiana, Lafayette, LA. To assist the instructor in presenting the material in this edition, an Instructor's Manual contains objectives, chapter outlines, teaching aids, and examination questions and answers, including true-false, multiple-choice, and fill-in questions. A selection of federal forms and a powerpoint presentation for each chapter will also be included.